New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Registrar execution of documents

Legal area

Court

25 Jul 2018

SILLICK v SILLICK & ANOR [2018] NZHC 1854

Citation

[2018] NZHC 1854
Court

High Court

Because the defendants were obstructing the implementation of the earlier s339 sale order and requiring notice would cause undue delay or prejudice, the Court exercised its power under HCR r7.46 and s341(3) to permit part of the application to proceed without notice and empowered the Registrar to execute documents to effect the sale; however orders for vacant possession/eviction are anticipatory of sale and require notice, so leave to seek those orders on notice was granted.
23 Apr 2018

PIVAC v HAGGER & ORS [2018] NZHC 774

Citation

[2018] NZHC 774
Court

High Court

Section 3 of the Judicature Amendment Act 1910 authorises the Court to order the Registrar to execute conveyancing documents where parties neglect, refuse or cannot execute them; that remedy is an expedient and appropriate means to implement Harrison J's 2008 orders given deceased and uncooperative defendants, and accordingly the Registrar was authorised to sign the necessary documents to transfer Lots 10 and 11 to the plaintiff, with ancillary orders including payment of $10,000 to the fifth defendant and costs against the seventh defendant.